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INDONESIA
AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW
Published by Universitas Islam Negeri Raden Intan Lampung
ISSN : -     EISSN : 27983528     DOI : 10.24042/as-siyasi.v1i2.11343
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
As-Siyasi: Journal of Constitutional Law adalah jurnal ilmiah yang diterbitkan oleh Prodi Hukum Tatanegara (SiyasahSyar’iyyah) Fakultas Syari’ah Universitas Islam Negeri Raden Intan Lampung dalam dua periode pertahun. Jurnal ini membahas perkembangan hukum tatanegara yang dilihat dalam berbagai khasanah keilmuan dengan berbagai pendekatannya. Ruang lingkup jurnal As-Siyasi menfokuskan pada kajian HukumTata Negara dan HukumTata Negara Islam.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 109 Documents
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Constitutional Recognition of Living Law in Criminal Law: A Comparative Study of Indonesia and Southeast Asia Ganjar Patria Lugina; Abdullah, Rahmat; Pujiyono; Sukirno; Ota Musashi
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.30999

Abstract

Criminal-law systems grounded in the principle of nullum crimen sine lege face a doctrinal challenge in accommodating unwritten societal norms as a source of criminal liability. Post-colonial states in Southeast Asia with pluralistic populations have developed divergent constitutional architectures for recognising living law within their criminal justice systems. Systematic comparative scholarship on the constitutional models through which Southeast Asian jurisdictions recognise living law remains limited. This article compares the constitutional construction of living law recognition in the criminal law of Indonesia, Malaysia, Brunei Darussalam, and the Philippines, identifying the constitutional bases, normative mechanisms, and implications of each model for the principle of legality, human-rights protection, and state legal sovereignty. The study employs normative legal research with the functional method of comparative law as articulated by Zweigert and Kötz. The analysis yields a typology of four constitutional limitation models: substantive limitation (Indonesia), jurisdictional limitation (Malaysia), authoritative limitation (Brunei Darussalam), and communitarian limitation (Philippines). Indonesia's dual-legality model under Article 2 of Law No. 1 of 2023 occupies the most complex position relative to the formal legality principle, while incorporating substantive human-rights safeguards absent from religion-based models. Implementation in Indonesia requires national standardisation of subnational formalisation, operationalisation of limitation clauses, safeguards against discriminatory application, and strengthening constitutional oversight.
Strengthening  Electoral Integrity through Anti-Money Politics Villages: A Socio-Legal Study in Bantul Regency Gugun el Guyanie; Indra Cipta Lestari; Enggar Wijayanto; Lilik Agus Saputro
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.31162

Abstract

The issue of money politics itself has been identified as the core problem of election administration in Indonesia, with its pernicious influence contributing to a degradation of order and a reduction in legal consciousness among the community. The establishment of the Anti-Money Politics Village (DAPU) in Bantul Regency is indicative of a community-based legal movement that resists the deeply ingrained transactional culture of politics. The present study analysed the concept and mechanisms of application of DAPU, its effectiveness, and the community's legal culture regarding election fairness. The research method employed is qualitative socio-legal research. The data is sourced from interviews, documentation, and a literature study. In the context of data sampling, the writer employed a purposive sampling method. The writer employed a qualitative descriptive method for data analysis, drawing on the models proposed by Miles and Huberman. The results indicate that: first, Murtigading village was the first to implement the DAPU concept; second, Guwosari village employs a participatory model; and third, Tirtonirmolo village utilises a more formal model supported by the village government. The findings suggest that the efficacy of the DAPU is contingent on societal participation and the involvement of relevant stakeholders. The study indicates that the culture of legal practices is influenced by cultural brokers. The ultimate success of the DAPU concepts demonstrates the necessity of interdisciplinary cooperation between culture, law, and ethics.
Integrating Ahlul Halli Wal Aqdi Principles into Legislative and Voter Qualifications in Indonesia's Electoral Sadzali, Ahmad; M. Yasin al Arif
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.28677

Abstract

Democracy in Indonesia still faces challenges related to the quality of legislative representatives and voter eligibility requirements, which remain largely administrative in nature. This study seeks to adopt the perspective of the Ahlu Halli wal Aqdi concept to examine and address this issue. There have been many studies that compare the concept of Ahlul Halli wal Aqdi with the democratic system without reaching the level of conceptual internalization. This study attempts to answer the following questions: (1) How is the value of the Ahlul Halli wal Aqdi concept actualized in the context of the qualification requirements for legislative candidates and voter qualifications?; and (2) What ideas emerge from the actualization of the value of the Ahlul Halli wal Aqdi concept for the representative democratic system in Indonesia? This normative legal research employs conceptual and legislative approaches, using primary legal materials derived from various election-related laws and regulations. The actualization results show that the Ahlul Halli wal Aqdi concept prioritizes quality in both input and output. The ideas that emerge from this actualization are: (a) Building a political paradigm based on quality; (b) Re-evaluating the political education curriculum; (c) Strengthening political education by state institutions; (d) Improving the quality of prospective members of representative institutions; and (e) strengthening the independence of members of representative institutions. The implications of this study call for broader research on the actualization of classical Islamic concepts, as well as greater openness and commitment from the state to pursue more substantial electoral law reforms
Harmonization of Child-Friendly City Regulation at the Local Level Pratiwi, Dian Kus; Muhammad Addi Fauzani; Aprillia Wahyuningsih
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.30395

Abstract

The fulfillment of Child-Friendly City (CFC/KLA) policies represents both a constitutional obligation and an international commitment within the framework of children’s rights governance. Nevertheless, the implementation of KLA policies in several regions of Indonesia remains suboptimal, partly due to the lack of vertical harmonization between local regulations and national regulatory frameworks concerning Child-Friendly Cities. In this regard, local governments hold a strategic role in implementing child protection policies at the regional level. This study aims to analyze, first, the legal policy strategies adopted by the Local Governments of Yogyakarta City, Sleman Regency, and Bantul Regency to achieve KLA status; and second, the vertical harmonization of local regulations with higher regulations. This research employs normative legal research, drawing on statutory and conceptual approaches. The findings show that each local government adopts different legal policy strategies based on institutional capacities, socio-legal conditions, and regional policy priorities. The study also identifies that several local regulations have not been fully harmonized with Presidential Regulation Number 25 of 2021 concerning Child-Friendly City Policy and Minister of Women’s Empowerment and Child Protection Regulation Number 12 of 2022 concerning the Implementation of Child-Friendly Cities. The inconsistencies are reflected in differences in KLA assessment indicators, the legal form of Regional Action Plans (RAD KLA), implementation stages, and the composition of KLA Task Forces. These findings indicate fragmented local regulatory governance and the absence of a uniform harmonization model for implementing Child-Friendly City policies at the local level.
Fair Access to Marine Genetic Resources in the Biodiversity Beyond National Jurisdiction Regime: A Constitutional Perspective on Indonesia’s State Obligations Cut Yusi Ratu Aulia; Deni Kurniawan; Meisyah Rachyan; Rudi Natamihardja; Rafika Rizky Aulia Rahman
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.30429

Abstract

Inequality in access to Marine Genetic Resources (MGRs) in Areas Beyond National Jurisdiction (ABNJ) remains a major challenge in the international law of the sea, particularly for developing countries with limited technological and research capacity. This issue is closely related to the absence of an effective benefit-sharing regime under UNCLOS, which has historically favored technologically advanced countries. This study analyzes the role of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement in addressing structural inequalities in access to and utilization of MGRs and examines its strategic implications for Indonesia. The study employs a normative legal research method, using statutory and conceptual approaches, through analysis of international legal instruments, scholarly literature, and state practices concerning mechanisms for access to and benefit-sharing of marine genetic resources. The findings indicate that the dominance of developed countries in marine scientific research and ownership of MGR-based patents persists due to disparities in technology, infrastructure, and research capacity. These conditions have implications for the realization of the constitutional rights of Indonesian citizens as guaranteed under Article 33(3) and Article 28H(1) of the 1945 Constitution, particularly regarding the utilization of natural resources, access to scientific and technological advancement, and the right to a clean and healthy environment. The BBNJ Agreement introduces normative developments through provisions on access and benefit-sharing, including technology transfer and capacity-building measures as forms of non-monetary benefits. This study concludes that Indonesia should strengthen its domestic regulatory framework, enhance marine research capacity, and optimize international cooperation to promote equitable benefit-sharing and reinforce environmental justice in implementing the BBNJ regime.
Politicization of Social Assistance and Abuse of Public Authority in Local Elections: Safeguarding Democratic Integrity in Indonesia Anderson, Kevin; Cornelis, Vieta Imelda; Borman, M.Syahrul; Marwiyah, Siti
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.30677

Abstract

The politicization of social assistance ahead of elections shows an increase, with programs intended to protect vulnerable communities being transformed into instruments for mobilizing electoral support by incumbent regional heads. This study aims to analyze the formulation of criminal law regarding the politicization of social assistance as a form of abuse of power, identify regulatory weaknesses, and develop a more effective legal reform model. The research employs a juridical-empirical method with a socio-legal approach, examining legislation on elections, regional governance, and corruption, and combining it with empirical data from election monitoring reports, regional budget documents, and selected case studies. Data were collected through literature review and institutional document analysis, then processed using qualitative-descriptive techniques to compare legal norms (das sollen) with actual practices (das sein). The findings reveal that the politicization of social assistance operates through three main patterns: budget manipulation aligned with electoral cycles, personalization of public programs to build political image, and bureaucratic mobilization to influence voter behavior. These practices exploit regulatory gaps, particularly limited criminal provisions and fragmentation among administrative, electoral, and anti-corruption legal regimes. The study demonstrates that such practices constitute a deviation from the purpose of authority (detournement de pouvoir) and should be addressed as more than procedural violations. The implication of this research highlights the need for a specific criminal offense framework based on the misuse of public policy, supported by stronger sanctions, integrated oversight, and clearer legal standards to safeguard democratic integrity and the neutrality of social welfare policies.  
Accountability of Zakat Institutions: Integrating Islamic Law and Maqāṣid al-sharī‘ah Perspectives in Fair Governance Tambunan, Jannus; Harahap, Purnama Hidayah; Danil, Muhammad
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.31173

Abstract

The management of zakat as an instrument of social justice in Islam requires accountability that is not only administrative, but also normative and substantive. In practice, the accountability of zakat management institutions is often understood narrowly as a duty of reporting and institutional compliance, thereby neglecting the theological dimensions and sharia objectives inherent in zakat. This article aims to reconstruct the concept of accountability of zakat management institutions from the perspective of Islamic law and Maqāṣid al-sharī‘ah. Using a conceptual-normative approach, this article analyzes the principles of amanah, accountability, and Islamic governance by placing Maqāṣid al-sharī‘ah as the substantive orientation of zakat management. This article analyzes Islamic Law doctrines and the principles of Maqāṣid al-sharī‘ah to reconstruct the framework of zakat institutional governance. Conducted as a literature-based qualitative study. This study successfully builds an integrated accountability model by synthesizing Islamic Law doctrines and the philosophy of Maqāṣid al-sharī‘ah, distinguishing itself from previous conventional concepts by shifting the paradigm from a one-dimensional focus, which has long been confined to financial compliance and administrative formalities, to a multidimensional framework that simultaneously embeds theological, social, and institutional aspects. This theoretical implication of literature on Sharia Governance by deconstructing secular accountability standards to better accommodate spiritual dimensions; meanwhile, its practical implication compels a transformation of key performance indicators of zakat institutions to move beyond mere financial audit opinions toward measuring real social justice impacts, while also serving as a compass for regulators to formulate welfare-based (maslahah) Sharia auditing standards
Reframing Illicit Enrichment within Indonesia’s Constitutional Order: A New Direction for Anti-Corruption Policy Emilia Susanti; Maroni; Ahmad Irzal Fardiansyah
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.31279

Abstract

This article examines the constitutional justification and normative construction of illicit enrichment within Indonesia’s anti-corruption framework based on the follow-the-money-follow-the-asset paradigm. Corruption is not merely a criminal offense or an abuse of public office; it also undermines constitutional governance and infringes citizens’ constitutional rights by diverting public resources intended for welfare, development, and public services. At the same time, efforts to address unexplained wealth among public officials raise constitutional concerns regarding property rights under Article 28H of the 1945 Constitution, the presumption of innocence, equality before the law, and due process of law. Although Indonesia has ratified the United Nations Convention against Corruption and adopted anti-corruption, anti-money laundering, asset declaration, and asset confiscation mechanisms, these instruments have not yet formed an integrated framework for ensuring constitutional accountability and recovering assets derived from corruption. This study employs qualitative legal research using statutory, constitutional, and comparative approaches. It analyzes UNCAC Article 20, Indonesia’s anti-corruption and anti-money laundering regimes, the 2023 Criminal Code, the 2025 Criminal Procedure Code, and constitutional safeguard models in the Philippines, Australia, and Peru. The study finds that illicit enrichment should not be formulated as a general criminalization of wealth, but as a limited and proportionate accountability mechanism applicable only after the state establishes objective preliminary indicators and under effective judicial supervision. This article proposes an integrative-proportionate model linking asset declaration, financial investigation, illicit enrichment, asset confiscation, constitutional safeguards, and institutional oversight. Properly designed, this model can strengthen asset recovery while preserving legality, constitutional rights, checks and balances, judicial control, and due process within a democratic rule-of-law state.
Ulama Recommendations and Political Buzzers in West Sumatra's 2024 Elections: A Fiqh Siyāsah Perspective Miswardi; Fajrul Wadi; Elfiani; Basri Na'ali; Zaqiaty Salma; Hoirol Anuar bin Makdin
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.30506

Abstract

This study aims to analyze the role of recommendations from religious leaders in shaping political influence in the 2024 regional head elections in West Sumatra and to examine this phenomenon from the perspectives of hadith and contemporary political fiqh. This study employs an empirical legal research methodology using a case study approach and a juridical approach. Data were collected through interviews with religious scholars and members of the public involved in the electoral dynamics in West Sumatra. Secondary data were obtained through a literature review. Research findings on the existence of recommendations from religious scholars in the 2024 Regional Elections in West Sumatra The role of clerical endorsements in the 2024 regional elections in West Sumatra demonstrates that political legitimacy is no longer built solely through the traditional religious authority held by clerics, but is also influenced by digital actors such as influencers and online promoters. This offers a new perspective: the process of shaping public opinion in the digital sphere has become a crucial component of modern political dynamics. Therefore, the concepts of shura, amar ma’ruf nahi munkar, and the authority of religious scholars need to be re-examined in the context of digital political communication
Islamic Legal Analysis of the Provision of Contraceptives for School-Aged Children and Adolescent Reproductive Health in Indonesia Ediz, M.Hidayat; Viona Dwi Seftria Putri; Mulyani, Ridha; Zulfadli; Muhammad Irfan
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.30641

Abstract

This study examines the controversy surrounding Article 103 paragraph (4) letter e of Government Regulation Number 28 of 2024, which includes the provision of contraceptives in reproductive health services for school-aged children and adolescents. The central issue is not merely the medical benefit of contraception, but how state policy is formulated when the constitutional duty to protect health intersects with Islamic moral principles and child protection. This study uses normative legal research, drawing on statutory and conceptual approaches. Primary legal materials include the 1945 Constitution, Law Number 17 of 2023, Government Regulation Number 28 of 2024, and child health regulations, while secondary materials include literature on Islamic law, Fiqh siyasah, maqasid al-shari’ah, and reproductive health studies. The analysis uses Fiqh siyasah dusturiyyah as the main framework and siyasah tanfidziyyah to assess policy implementation. The findings show that the regulation can be justified as a preventive health policy if it is interpreted restrictively and accompanied by clear criteria, parental or guardian involvement, counseling, education, and safeguards against misuse. Without such limits, the policy risks being perceived as permissive and inconsistent with the principle of Sadd al-dzari’ah. This article offers an integrative model between the state's responsibility for reproductive health and the protection of religion, lineage, life, reason, and child welfare based on maqasid.

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